Legals for December, 15 2024
NO. 30840 PUBLIC NOTICE NO. MT-24-14 DECEMBER 9, 2024 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department’s intention to issue wastewater discharge permits to the facilities listed in this notice. These permits are issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA) and the Administrative Rules of Montana 17.30.1001 et seq., Montana Ground Water Pollution Control System (MGWPCS). The Water Protection Bureau has prepared draft permits for the facilities listed below. Copies of the draft permits, fact sheets, and environmental assessments are available upon request from the Water Protection Bureau or on the Department’s website https://deq.mt.gov/public/index APPLICANT INFORMATION APPLICANT: Lakeside County Water and Sewer District FACILITY NAME: LCWSD Rapid Infiltration System FACILITY LOCATION: Wiley Dike Road, Kalispell, Montana 59901 RECEIVING WATER: Outfall 001 - Class I Ground Water Outfall 002 - Class I Ground Water Outfall 003 - Class I Ground Water PERMIT NUMBER: MTX000307 A determination has been made by DEQ to issue a Montana Ground Water Pollution Control System (MGWPCS) permit, MTX000307, to Lakeside County Water and Sewer District (LCWSD) for the LCWSD Rapid Infiltration System. This permitting action authorizes discharge of treated wastewater to ground water. The scope of this permitting action is for the construction, operation, and maintenance of the proposed wastewater treatment and disposal system. The applicant proposes to build and operate a wastewater treatment plant. The wastewater generated by the county will undergo treatment and on-site disposal. Wastewater treatment may include use of advanced treatment levels with sequencing batch reactor technology with biochemical nutrient reduction (or similar). DEQ recognizes that in comparison to conventional septic treatment, the proposed treatment system provides a higher level of treatment for nutrients. The proposed facility will use rapid infiltration basins (Outfalls 001, 002, and 003) to discharge treated wastewater to underlying groundwater. The facility’s proposed location is Township 27N, Range 21W, Section 11N; Flathead County; Latitude: 48.1127610º North, Longitude: -114.225111º West. * * * * * * * APPLICANT INFORMATION APPLICANT: Montana Department of Transportation FACILITY NAME: MDT Greycliff Rest Area FACILITY LOCATION: Interstate 90, at mile post 381, approximately 12 miles southeast of Big Timber, Montana RECEIVING WATER: Outfall 001 – Class I Ground Water PERMIT NUMBER: MTX000330 A determination has been made by DEQ to issue a Montana Ground Water Pollution Control System (MGWPCS) permit, MTX000330, to Montana Department of Transportation (MDT) for the MDT Greycliff Rest Area. This permitting action authorizes discharge of treated wastewater to ground water. The scope of this permitting action is for the operation and maintenance of the proposed wastewater treatment and disposal system. The applicant proposes to upgrade their existing wastewater treatment facility. The wastewater generated by the rest area will undergo Level 2 treatment and on-site disposal. DEQ recognizes that in comparison to conventional septic treatment, the proposed treatment system may provide a higher level of treatment for nutrients. The proposed facility will use drainfields (Outfall 001) to discharge treated wastewater to underlying groundwater. The facility’s proposed location is: Township 01 South, Range 16 East, Section 21 Sweet Grass County; Latitude: 45.735838º North, Longitude: -109.756569º West. PUBLIC COMMENT Public comments are invited and must be received by 11:59 p.m. on JANUARY 10, 2025. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked by 11:59 p.m. on JANUARY 10, 2025, will be considered in the formulation of final determinations to be imposed on the permit. If you wish to comment electronically, you may e-mail DEQWPBPublicComments@mt.gov During the public comment period provided by the notice, the Department will accept requests for a public hearing. A request for a public hearing must be in writing and must state the nature of the issue proposed to be raised in the hearing (ARM 17.30.1024). The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-24-14 DECEMBER 9, 2024 December 15, 2024 MNAXLP __________________________
NO. 30842 TANKO LAW OFFICE LAURIE D. MARBURGER, ESQ. Montana Bar No. 5284 392 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: lmarburger@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: MARY “JOAN” CREEK, Deceased. Cause No.: DP-15-2024-0000311-IT Heidi Ulbricht District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to John A. Creek, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 22 day of November, 2024. /s/ John A. Creek JOHN A. CREEK, Personal Representative December 8, 15, 22, 2024 MNAXLP __________________________
NO. 30846 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on April 17, 2025, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: That portion of the North half of the Southwest Quarter (N1/2SW1/4) of Section 25, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Tract 1 of Certificate of Survey No. 18878. More commonly known as 305 Narrow Way, Columbia Falls, MT 59912. Jesse J. Best, as Grantor, conveyed said real property to First American Title Company of Montana, Inc., a Montana Corporation, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Guild Mortgage Company, a California Corporation, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on December 6, 2016, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on December 7, 2016 as Instrument No. 201600027174, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Guild Mortgage Company LLC Assignment Dated: October 22, 2024 Assignment Recorded: October 24, 2024 Assignment Recording Information: as Instrument No. 202400021582 All in the records of the County Clerk and Recorder for Flathead County, Montana. Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on November 19, 2024 as Instrument No. 202400023339, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning May 1, 2024, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $199,100.64, interest in the sum of $5,895.29, and other amounts due and payable in the amount of $4,876.38 for a total amount owing of $209,872.31, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates, and may disburse, such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any. The Beneficiary has elected, and has directed, the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured, the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation for up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 25th day of November, 2024. Jason J. Henderson, Substitute Trustee 38 2nd Avenue East, Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT22418 December 15, 22, 29, 2024 MNAXLP __________________________
NO. 30848 Montana 11th Judicial District Court Flathead County In the Matter of the Name Change of Lauren Solem: Lauren Solem, Petitioner Cause No.: DV-24-1660 DAN WILSON Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Lauren Olivia Solem to Felix Erik Solem. The hearing will be on 1/21/2025 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date: 12/06/2024 (SEAL) PEG L. ALLISON Clerk of District Court By: Kristen Skees Deputy Clerk of Court Dec. 15, 22, 29, 2024 and Jan. 5, 2025 MNAXLP __________________________
NO. 30850 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for the Police Evidence Building Improvement Project. The project primarily consists of furnishing materials, labor, and equipment required to construct office space, restroom and secured evidence room. All sealed bids titled ‘Police Evidence Building Project Bid’ will be received by mail to Attn: City Clerk, PO Box 1997, Kalispell, MT 59903 or delivered in person to Attn: City Clerk, City Hall, 201 First Avenue East, Kalispell by 2:00 P.M. local time on Tuesday, January 7, 2025, and will be publicly opened and read aloud in the first floor conference room of City Hall directly thereafter. A Pre-Bid Meeting will be held Friday, January 3, 2025, at 10:00 A.M., at 306 1st Ave East Kalispell. Full bidding requirements and plans can be found on the City website at www.kalispell.com/bids.aspx. Any bidder wishing further information may obtain the same from the City of Kalispell Building Department at jclawson@kalispell.com or (406) 758-7734. City of Kalispell, Aimee Brunckhorst, City Clerk December 15, 29, 2024 MNAXLP __________________________
NO. 30851 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, January 7, 2025, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 1. A request from Brett Campbell on behalf of WF Properties, LLC., for a conditional use permit to establish ‘Mini-storage’ on property located at 5640 Highway 93 South near Whitefish, Montana. The property is located within the Blanchard Lake Zoning District and is zoned ‘BS Business Service District’ and ‘HO Highway Overlay.’ The property totals approximately 9.38 acres and can legally be described as Tract 6G in the N ½ S ½ SW ¼ NE ¼ of Section 13, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request from Glimm Homes on behalf of Babington Family Trust, for a Conditional Use Permit to allow for a ‘Guesthouse’ on property located at 55 Highland Trail near Marion, Montana. The property is located within the Little Bitterroot Lake Zoning District and is zoned ‘LBL Little Bitterroot Lake’. The property totals approximately 20.050 acres and can legally be described as Parcel 7AA of COS 22861Gov’t Lots 6 & 9 in the SW ¼ SE ¼ of Section 7, Township 27 North, Range 24 West, P.M.M., Flathead County, Montana. 3. A request from the Mitchell V Lucas Revocable Trust, for a conditional use permit to establish a ‘Cemetery’ on property located at 276 Aero Lane near Bigfork, MT. The property is located within the Bigfork Zoning District and is zoned ‘SAG-5 Suburban Agricultural’. The property totals approximately 1.349 acres and can legally be described as Tract 1 of Certificate of Survey No. 9752 in the Northeast Quarter of the Southwest Quarter of Section 34, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Bigfork Land Use Advisory Committee on Thursday, December 19, 2024 @ 4:00 p.m. at Bethany Lutheran Church, 8559 Highway 35 in Bigfork, Montana. 4. A request from Bryan Rowe, on behalf of Dillon Rd LLC, for a conditional use permit to allow for ‘Temporary Use’ on the subject property located at 2555 Dillon Road near Whitefish, Montana. The property is located within the Southeast Rural Whitefish Zoning District and is zoned ‘AG-20 Agricultural’. The property totals approximately 20.02 acres and can legally be described as Parcel 2 of Certificate of Survey No. 14216 in the SW ¼ of Sections 3, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request from Chuck Culberson for a conditional use permit for the establishment of ‘Short-term Rental Housing’ on the subject property located at 700 Wolf Creek Dr, near Bigfork, MT. The property is located within the Bigfork Zoning District and is zoned ‘SAG-10 Suburban Agricultural’. The property totals approximately 1.167 acres and can be legally described as Tract 2 of Gov’t Lot 2 in Section 26, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, January 7, 2025. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Planning & Zoning Office at 751-8200 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/Erik K Mack Erik K Mack, AICP® Planning Director December 15, 2024 MNAXLP __________________________
NO. 30853 AUTHORIZATION TO PUBLISH REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL AND ENGINEERING SERVICES The Flathead County Board of Commissioners is requesting Statement of Qualifications from firms interested in providing contracted architectural and engineering services to Flathead County pursuant to the requirements of Section 18-8-201 et seq., M.C.A. Services needed include design, engineering, construction plans, bid specifications, and construction administration for multiple County capital improvement projects. The projects generally will consist of building remodels, parking lot improvements, or other similar projects. The firm selected to provide these services will be expected to enter a three (3) year contract with the option to renew for an additional two (2) year term. All work will be completed in Flathead County, Montana. Copies of the detailed RFQ, including a description of services to be provided by respondents, the minimum content of proposals, and the factors used to evaluate the proposals, can be found on the Flathead County webpage at: https://flathead.mt.gov/department-directory/commissioners-office/public-notices or by contacting Whitney Aschenwald, Flathead County Commissioners Office, 800 South Main, Room 302, Kalispell, MT 59901 - (406) 758-2467 / waschenwald@flathead.mt.gov. All statements must be submitted to the Flathead County Commissioners Office, 800 South Main, Room 302, Kalispell, MT 59901, by 4:00 pm local time on January 20, 2025. Flathead County is an Equal Opportunity Employer. Dated this 19th day of September, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman December 15, 22, 2024 MNAXLP __________________________
NO. 30854 SECTION 00100 INVITATION TO BID Separate sealed bids for the construction of Blankenship Bridge Erosion Control will be received by Board of Commissioners of Flathead County, 800 S Main St., Room 302, Kalispell, MT, 59901 until 4:00, PM, local time on Monday, January 13, 2025. All bids publicly opened and read aloud at 9:15 am, local time Tuesday, January 14, 2025, in the Commissioners’ Chambers, located on the third floor of the County Courthouse. The project consists of: Bank stabilization of the Flathead River at the Blankenship bridge including installation of riprap, rootwads, fabric encapsulated soil, and live willow cuttings. Digital copies of the Bidding Documents are available at www.questcdn.com for a fee of $22.00 by inputting Quest Project# 9455407 on the website’s Project Search page. Please contact QuestCDN at (952) 233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. The contract documents consisting of Drawings and Project Manual are also available to be examined or obtained at the office of KLJ Engineering 1830 3rd Avenue E #201, Kalispell, MT 59901 in accordance with Article 2.01 of Instructions to Bidders. Please contact Gary Johnson, KLJ, (406) 300-7101 with any questions. There is a required fee of $62.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of KLJ Engineering, 1830 3rd Avenue East, Ste 201, Kalispell, MT, at 11:00, AM, local time on Wednesday, December 18, 2024. Interested Contractors are encouraged to attend. Contractors and any of Contractor’s subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. All laborers and mechanics employed by Contractor or Subcontractors in performance of the construction work shall be paid [State of Montana Prevailing Wage Rates for Highway Construction). Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to Flathead County in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidder(s) shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful Bidder(s) and a certificate(s) of that insurance shall be provided. Bids may only be withdrawn as provided in Section 16.02 of the Instructions to Bidders after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of Owner. Flathead County, is an Equal Opportunity Employer. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana /s/Randy Brodehl Randy Brodehl, Chairman December 15, 22, 2024 MNAXLP __________________________